Licensure & Discipline

REINSTATED

The following attorneys have been reinstated to the practice of law after complying with Tenn. Code Ann. 67-4-1702 and Supreme Court Rule 9, Section 32, which requires the payment of an annual professional privilege tax to the Tennessee Department of Revenue:
Kahliel Robert Barlowe, Nashville
John Bernard Bartels, Memphis
Johnnie Raymond Candy, Collierville
Scott David Johnannessen, Nashville
William Shawn Lynch, Memphis
D’Artagnan Honre Perry, Knoxville
Kip P. Roth, Draper, Utah
Katherine Evett Smith, Memphis

Joseph C. Benton of Lexington, Ky., has been reinstated to the practice of law after complying with Supreme Court Rule 43, which requires certification that a lawyer’s funds are held in an account participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program.

The following attorneys were reinstated to the practice of law after complying with Section 20 of Supreme Court Rule 9, which requires the payment of annual registration fees to the Board of Professional Responsibility, and Supreme Court Rule 43, which requires certification that a lawyer’s funds are held in an account participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program:
Daniel Durand Hite, Nashville
LaTrena Davis Ingram, Collierville

ORDER TO VACATE

The Tennessee Supreme Court on Jan. 7, vacated nunc pro tunc the Oct. 9, 2012, suspension imposed on Shelby County lawyer John Michael Bailey for failure to file the 2012 IOLTA report. The court found that required notice was not provided to Bailey prior to imposition of the suspension. It directed the Board of Professional Responsibility to remove the suspension from Bailey’s record, waive all fees assessed to him and pay any costs associated with the proceeding.

The Tennessee Supreme Court on Jan. 7, vacated nunc pro tunc the June 26, 2012, suspension imposed on Davidson County lawyer Lora Jackson Manson for failure to pay the 2012 annual registration fee and file the required IOLTA report. The court found that notice was not provided to Manson prior to imposition of the suspension. It directed the Board of Professional Responsibility to remove the suspension from Manson’s record, waive all fees assessed to her and pay any costs associated with the proceeding.

DISCIPLINARY

Censured
Blount County attorney Stanley R. Barnett received a public censure from the Board of Professional Responsibility on Dec. 12, 2012, for failing to file a motion for a new trial after his client was convicted. The board found that this failure resulted in the waiver of all issues for appeal except sufficiency of the evidence and sentencing. After the client filed a pro se notice of appeal, Barnett filed an appellate brief but he failed to consult the client first, which created additional challenges for the client. The board determined that Barnett violated Rules of Professional Conduct 1.1, 1.3, 1.4 and 1.16.

Davidson County attorney C. LeAnn Smith received a public censure from the Board of Professional Responsibility on Dec. 12, 2012. On June 11, 2012. Smith was convicted of a second offense of driving under the influence. The board determined that her actions violated Rule 8.4(b) of the Rules of Professional Conduct.

Suspended
Nashville lawyer William Alan Alder was suspended from the practice of law on Dec. 28, 2012, for one year, ordered to pay restitution to a former client, and undergo an assessment by the Tennessee Lawyers’ Assistance Program. The Tennessee Supreme Court found that he improperly used his trust account for personal use, caused several bank overdrafts, failed to provide legal services to clients, was not diligent in handling client matters, failed to adequately communicate with clients and submitted false affidavits to the Commission on Legal Education and Specialization claiming to have participated in legal training that he never attended. The court determined that his actions violated Rules of Professional Conduct 1.1, 1.3, 1.4, 1.15, 1.16, 8.1(b) and 8.4(a), (c) and (d).

Disbarred
Hawkins County lawyer James Franklin Taylor was disbarred on Jan. 7 and ordered by the Tennessee Supreme Court to pay restitution and the cost of the disciplinary proceeding. The court previously suspended Taylor’s law license on June 29, 2012, and on Oct. 26, 2012, based on his guilty plea to the charge of felony theft. The disbarment was imposed for misappropriation of client funds and foundation funds, and filing false claims with the Administrative Office of the Courts. Taylor submitted a conditional guilty plea. The court determined that his actions violated Rules of Professional Conduct 1.1, 1.2, 1.3, 1.4, 1.5, 1.8, 1.12, 1.15, 8.1, 8.2 and 8.4.

2012 Fee & IOLTA Suspensions

On Dec. 18, 2012, the Tennessee Supreme Court issued additional orders suspending Tennessee-licensed attorneys who did not pay their 2012 registration fee to the Board of Professional Responsibility and/or did not file a mandatory compliance statement that eligible client funds are held in accounts participating in the Interest on Lawyers’ Trust Accounts (IOLTA) program. Those who have complied with the rules since the orders were issued, and for whom notification of a status change was received from the Board of Professional Responsibility prior to press time, are noted as reinstated.

For the most current information visit http://www.tba.org/info/2012-fee-iolta-suspensions

FEE & IOLTA

Tennessee
Chattanooga: Owen Stuart Brown (reinstated)
Gallatin: Carrie Nourse Pinkston
Germantown: Jerry Francis Taylor
Jasper: Howard Graham Swafford
Knoxville: Ronald Arthur Jenkins (reinstated)
Memphis: Larry Allan Diamond, Robert Lanier Fogg (reinstated), Gloria Vernita Smith
Mount Juliet: Brent Christopher Gray
Nashville: Lynne Todd Edgerton
Sevierville: Brian Taylor Mansfield, Rick DeWayne Pemberton (reinstated)

Out-Of-State
Alabama: Philip Thomas Shanks III
Colorado: Collene Alicia Beatty
Georgia: James Gabriel Banks Jr.
Michigan: Erin Kay McCoy
Ohio: Eugene Francis Battisti Jr.
Texas: Matthew Michael Shelby

FEE ONLY

Tennessee
Nashville: Carrie Annalita Lowery

Out-Of-State
Florida: O.G. Joseph Paul Reasons